June 4, 1917

UNOPPOSED MOTIONS FOR PAPERS.

LIB

John Howard Sinclair

Liberal

Mr. SINCLAIR:

For a copy of all letters, petitions, telegrams and other papers or documents in possession of the Government relating to the dismissal of Stanley McCutcheon of Senora, N.S., Preventive Officer, and the appointment of his successor.

Topic:   QUESTIONS.
Subtopic:   UNOPPOSED MOTIONS FOR PAPERS.
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LIB

William Ashbury Buchanan

Liberal

Mr. BUCHANAN:

For a copy of all correspondence, telegrams and other papers in connection with the closing of the post office at Horseshoe Canyon, Alberta.

Topic:   QUESTIONS.
Subtopic:   UNOPPOSED MOTIONS FOR PAPERS.
Permalink
?

William Chisholm

Mr. CHISHOLM:

For a return showing the names of persons in the County of Inverness who have been receiving separation allowance and assigned pay, from the year 1914 to the present date.

Topic:   QUESTIONS.
Subtopic:   UNOPPOSED MOTIONS FOR PAPERS.
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LIB

John Howard Sinclair

Liberal

Mr. SINCLAIR:

For a copy of all tenders, correspondence, reports, telegrams, papers and documents in' the possession of the Post Office Department bearing date after January 1, 1917, relating to the contract for mail service between the Intercolonial Railway station and the post office at Heatherton, N.S.

Topic:   QUESTIONS.
Subtopic:   UNOPPOSED MOTIONS FOR PAPERS.
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LIB

Rodolphe Lemieux

Liberal

Mr. LEMIEUX:

For a copy of all correspondence between the chief of the Hansard translation staff of the House, the Clerk of the House and the Speaker, since April 19, 1917, to date.

Topic:   QUESTIONS.
Subtopic:   UNOPPOSED MOTIONS FOR PAPERS.
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RELEASE OF EDWARD LEVI BAUGH.


Hon. CHARLES MURPHY moved for: A copy of the reports made by the trial judge and the penitentiary surgeons in connection with the release from penitentiary of Edward Levi Baugh.



IfiGO


CON

Charles Joseph Doherty (Minister of Justice and Attorney General of Canada)

Conservative (1867-1942)

Hon. C. J. DOHERTY (Minister of Justice) :

I notice that the motion asks for

the production of the report made by the trial judge. I would point out that it has never been the practice to produce the reports of the judges upon these applications for tickets of leave. The matter has been discussed in the House on more than one occasion, and I think the consensus of the House has been that these reports should foe treated as confidential. I therefore desire to enter my objection against that part of the motion being passed. As regards the repprts of the penitentiary surgeons, I see no objection to their being produced. I am not suggesting that Parliament could not possibly order the production of these documents, but I am pointing out that it has been the well established practice of Parliament ever since the Ticket of Leave Act came into force, to treat such documents as confidential.

Motion stands.

Topic:   QUESTIONS.
Subtopic:   RELEASE OF EDWARD LEVI BAUGH.
Permalink

BANK ACT AMENDMENT.


On motion, of Sir Thomas White (Minister of Finance) the House went into committee to consider the following proposed resolution, Mr. Rainville in the Chair: That it is expedient to amend the Bank Act by repealing subsections twelve to twenty, inclusive, of section eighty-eight and the schedule thereto as enacted by section two of chapter ten of the statutes of 1916, and to provide in lieu thereof that the chartered banks may loan money to farmers, and those engaged in raising stock, upon the security of their live stock, that is to say, horses, cattle, sheep and swine, and the offspring of any such animals, and including wool, clipped from sheep while such sheep are subject to such security, and further to provide for the filing of the security and the priority of the Bank's claim, and entry, seizure, and sale in case of default in payments due, and disposal of the proceeds.


CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

It may be convenient for me at this stage to explain the

jason for this amendment to the Bank Act. Last year, in order to facilitate the making of advances to farmers and others engaged in the raising of livestock, we amended the Bank Act (by providing that banks might loan to farmers or persons engaged in the livestock industry upon the security of such livestock, taking as security bills of sale or chattel mortgages upon such livestock. It -was provided in that legislation that such bills of sale or chattel mortgages should be registered in accordance with the laws of the several provinces in which they were taken. The measure was

considered pretty carefully by the House and by the Banking and Commerce Committee, and it was thought at the time that it would reasonably meet the situation. That legislation was introduced at the request of the United Farmers of Alberta, who were interested in the matter of obtaining advances on livestock. But the legislation in its working out has proved to be cumbrous and expensive, and has not been taken advantage of to the extent we expected, for the reason that many farmers have a strong objection to executing chattel mortgages, and for the further reason that the drawing and registration of these chattel mortgages entailed considerable expense. During the past year I have had a further request from the farmers of Alberta to reconsider the matter and enact legislation enabling the banks to make loans upon the security of livestock, taking a simple form of assignment which might be registered at a trifling expense. I have given the matter a good deal of consideration with the result that when this resolution is adopted I purpose introducing a Bill enabling the banks to make loans to farmers or persons engaged in raising or feeding livestock upon the security of such livestock, taking an assignment in simple form of such livestock. The legislation will also provide that if under the provisions of any law in force in the province in which are the livestock mentioned in any security taken under the Act, any such livestock shall be exempt from seizure and sale under any writ of execution, then it shall continue to be exempt.

In this legislation, as in the legislation of last year, we shall have regard to the provincial law in force in the province in which the security is taken. There will be a further provision in the Act that in any province in which there are statutes or laws of the province in force relating to mortgages of goods and chattels or bills of sale, if the officer or person with whom or in whose office a chattel, mortgage or bill of sale may he registered or filed is authorized and empowered by the legislature of the province to receive and file the security taken under this resolution, then it shall be so filed. In other words, we purpose to permit the bank to make advances to farmers and others engaged in the live stock industry upon the security of the live stock, the bank taking a simple form of assignment. That form of assignment could not now be registered in any of the provinces, so far as I know. Nor have we the power to compel any provincial

officer to register sucth assignment. In order that the province m-ay, if it sees fit, protect the rights of creditors against the lien, we provide that the officers charged with the duty of receiving and filing mortgages and -bills of sale, being so authorized, may receive -and file an assignment given as security for a. loan under this law. In this way the matter will -really be in the hands of every provincial legislature. The subject, has been an exceedingly difficult one to deal with; but I think that this Bill will meet the situation satisfactorily and will enable the farmers to obtain loans from the bank upon the security of their live stock, giving a simple form of assignment which, in the province so requiring it, may be filed in an inexpensive manner.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

Do I understand that the main difference between this proposed legislation and the legislation of last year is simply the substitution of an assignment for a mortgage or bill of sale?

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

That is one difference.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

That is the main difference?

Sir THOM-AS WHITE: Possibly it may be, but I should not like to say so without an opportunity to explain further.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
LIB

Wilfrid Laurier (Leader of the Official Opposition)

Liberal

Sir WILFRID LAURIER:

I cannot see what is the object of making this distinction between a bill of sale or chattel mortgage on the one hand and an assignment on the other. There may be some technical reason for it, but I do not know what it is.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

So far as the bank is concerned, there is no difference. Under the existing legislation, the bank may make advances upon live stock and may take a *chattel mortgage, which, in any province other than Quebec, has to be registered in accordance with the laws of the province. Provision was made in the legislation of last session that in the province of Quebec the loan might be taken without registration except, I think, publication in the Provincial Gazette; at all events, it was not possible to deal with Quebec as we dealt with the other provinces, as there is no chattel-mortgage legislation in the province of Quebec. The reason for the present legislation is that the farmers are unwilling to take advantage-at any rate they have not taken advantage-of the existing legislation, because, in the first place, they do not like to give a chattel-mortgage, and, in the second place, because it costs a substantial fee.to

draw a chattel-mortgage (which usually follows a well-known form) and register it in accordance with the laws of the province. The result is that the amendment of last session is not working out satisfactorily, and we have been requested to enact legislation which will enable the farmer to obtain loans upon his live stock by executing a lien note or assignment which may be registered if the provincial legislature sees fit to enact legislation under which their officers may receive and file the document.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
LIB

Frederick Forsyth Pardee

Liberal

Mr. PARDEE:

And if it is not registered?

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink
CON

William Thomas White (Minister of Finance and Receiver General)

Conservative (1867-1942)

Sir THOMAS WHITE:

The lien is still valid.

Topic:   QUESTIONS.
Subtopic:   BANK ACT AMENDMENT.
Sub-subtopic:   LOANS ON SECURITY OF LIVE STOCK.
Permalink

June 4, 1917